Posted by Rhonda Skansi on 9/1/06 1:22pm
Msg #142889

question for the experienced

Should this be my concern?: A couple of weeks ago I did a signing where wife was not on docs or title. But we live in a community property state. I had her sign all non-borrowing spouse docs. Apparently, loan was rescinded and they are resigning today. I got the call to do it again. I am printing the docs now and confirmation says -important!- Do not have wife sign any docs.

Reply by SharonMN on 9/1/06 1:30pm
Msg #142893

Your job is not to draft documents or decide who signs what. If you want to be helpful, call and say, "This is a community property state -- are you sure you don't want the wife to sign? Usually the documents I see have the non-borrowing spouse sign." But then follow the directions the hiring agency gives you.

Reply by Merry_CA on 9/1/06 1:35pm
Msg #142897

Also check out the thread starting with #142812. Sharon is correct.... follow the instructions as they are given. If there is a problem with recording, etc. at least you performed as directed and would be due additional fee to back to borrower a second time to correct the SS/TC? error.

Reply by celeste/ca on 9/1/06 1:35pm
Msg #142898

In my experience, if only one name is on title, and spouse is nowhere on the docs, I leave it as is. I only have that person sign. If I have had a NBS, there name is usually printed on the correct docs.

Reply by Ndwa on 9/1/06 1:33pm
Msg #142895

No, it shouldn't be your concern as there could have been a prenup as the property was his own separate estate prior to their marriage. It is only common knowledge of the job for us to point out when we don't see a NOBS name not listed on docs, otherwise I'd do as instructed.

Reply by Rhonda Skansi on 9/1/06 1:46pm
Msg #142901

Gotcha

Just as I thought. Just wanted to see what all had to say. Thank you.

Reply by kate_nortca on 9/2/06 7:32am
Msg #143123

Re: Gotcha

They may be right on this one Rhonda. Frequently the spouse is in the non-obligor position and only needs to sign the mortgage documents and perhaps the RTC. I've found and you probably have or will also that if in doubt the signing service commissioning you for this job will gladly answer your questions. They much prefer to deal with any issues before rather than after, even if you feel foolish asking. So chalk it up to experience and go forward, sounds like this was a good learning opportunity.

Kate

Reply by VERONICA DESCHANEAU on 9/1/06 3:06pm
Msg #142962

I had this happen to me

I was told by the title company I should have picked up on it. My response was: "It will be my job to "pick up on it" when I am required to verify marriage license/certificates as well as Identification."

Reply by MistarellaFL on 9/1/06 3:42pm
Msg #142974

Me too Veronica

I have learned to always ask/confirm with the hiring party or TC.
Sometimes it's an investment property, etc, or sometimes it's just a plain mistake.
I think they appreciate your concern in getting it done the right way, better to ask than not.

Reply by Charm_AL on 9/1/06 4:33pm
Msg #143006

Re: Me too Veronica

did one where the propert was old money, old name in AL and only in wife's name, but he still had to sign the MRTG and tax forms, strange, not the RTC....mine is not to question. As I learn something new everyday.